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TAS Assault - How to Withdraw Charges?

Discussion in 'Criminal Law Forum' started by Rach.kennedy77, 7 July 2015.

  1. Rach.kennedy77

    Rach.kennedy77 Active Member

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    My uncle who is an alcoholic -a mean, mouthy king of the world type drunk - and entered a neighbour's property and assaulted their 19-year-old son several times over a $29 game. After being hit several times, the 19-year-old punched him back causing my uncle to crack his head open on the ground.

    Both parties only have minor injuries but while my uncle who started it all lays back comfortably, sipping tea the 19-year-old has been charged. My uncle said no to pressing assault charges but the police did it anyway. Why has the wrong person been charged?

    Is there any way to stop the charges against the 19-year-old? My uncle pulls this s**t all the time and by letting him off they are enabling him to continue these anti-social behaviours. Sorry its so long winded, desperate to stop a young man having unnecessary charges on his criminal record. Thank you.
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Rach.kennedy77,
    A criminal offence is a breach against the general public. The police chooses to pursue an offender on behalf of the public, not just the victim. In this case, the police believe they have enough evidence to prosecute your neighbour's son. Your uncle (and yourself) can refuse to give evidence and be witness to the police's case. However, you cannot really stop the police from prosecuting someone.

    Unfortunately, your neighbour's son did assault someone. In doing so, he did commit a crime (see this article on assault: Assault? Don’t Let a Night Out Turn Into a Fight - Legal Blog - LawAnswers.com.au The situation giving rise to the assault can be explained in court and it will likely help the offender in getting a lighter sentence. However, it is never an excuse to resort to violence in the face of violence or provocation, unless it is self defence (and there is a special definition for self defence at law). There is a thread on here that discuss this topic: NSW - Common Assault - Common Defences? | LawAnswers.com.au

    Hope this helps.
     
  3. Rach.kennedy77

    Rach.kennedy77 Active Member

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    Thanks very much Tracey, that does make sense unfortunately! The case has a date set so it may be time to seek legal advice. Thanks again, appreciate it

     
  4. Tracy B

    Tracy B Well-Known Member

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